PLAINFIELD BOARD OF ZONING APPEALS April 16, 2012, 7:00 PM

PLAINFIELD BOARD OF ZONING APPEALS April 16, 2012, 7:00 PM CALL TO ORDER Mr. Monnett: I will now call to order the Plainfield Board of Zoning Appeals for April 16, 2012. ROLL CALL/DETERMINATION OF QUORUM Mr. Monnett: I will now have our board secretary have a roll call for determination of a quorum. Mr. Carlucci: Mr. Brouillard- here Ms. Duffer- here Mr. Cavanaugh- here Mr. Gibbs- here Mr. Monnett- here Five members present, none absent, we have a quorum for the purpose of conducting business. PLEDGE OF ALLEGIANCE Mr. Monnett: Would you all please rise for the Pledge of Allegiance. APPROVAL OF MINUTES (March 19, 2012) Mr. Monnett: I will now entertain a motion for approval or corrections to our minutes from our meeting of March 19, 2012. Mr. Gibbs: I make a motion that we accept the minutes as written for March 19 th. Ms. Duffer: Second. Mr. Monnett: I have a motion and a second. All in favor say aye. OATH OF TESTIMONY Mr. Monnett: I will now ask our Town Attorney to please administer the Oath of Testimony for those of you that are testifying tonight. Mr. Daniel conducted the Oath of Testimony. PUBLIC HEARINGS Mr. Monnett reviewed the Guidelines Governing the conduct of Public Hearings. PETITIONS FOR HEARING Mr. Monnett: Our first petition tonight is BZA-12-005, United Package Liquor. Ms. Sprague: This one is for the United Package Liquors, which is at one of our new strip centers; well it was new in 2006 built on Stafford Road. As you can see it is zoned general commercial and primarily surrounded by General Commercial, just a little bit of industrial there to the southeast. They are taking a tenant space out there and as with all alcohol sales or service in Plainfield it requires a special exception and the site being surrounded primarily by commercial also does include one restaurant and Marsh which is the grocery store also that sells alcohol over there. There are no churches or schools or anything within the 200 limit that does not allow them to get the State permit. The site is the one here kind of here in the corner, Bubbas is to the south and Marsh is across State Road 267 just to give you some proximity there. The new daycare center is just down here, but I think it is a little farther down, and that is well outside of the limit where they would not be allowed to sell alcohol. Beyond that this is a fairly standard one, so if you have any questions I know the petitioner is here if you need them to answer some questions. Mr. Monnett: Does the petitioner want to come forward? Plainfield Board of Zoning Appeals 4-16-2012 1

Ms. Solada: Good evening, my name is Mary Solada, I am the attorney for the United Package Liquors, and with me is Kevin Paschke who is the operations manager for United Package Liquors. As many of you know, or may know, United Package Liquors is a family owned operation, there are 22 stores in central Indiana, and a few years ago 4 stores were purchased in Kentucky. What we wanted to do was to explain that United Package Liquors, known as UPL, intends to occupy about 4,200 square feet. We do believe as Jill mentioned that this use is compatible with surrounding development, particularly because it is a commercial and industrial area, there are no residents and schools nearby. Again we are a very experienced operator with liquor stores; we have a very good history of operating clean and efficient in all facilities, in compliance with all State and local regulations. I thought I would just take a moment and hand out for each of the board members (inaudible). This was something you could see we already received the necessary licenses which I think the board is well aware, the Alcohol Tobacco Commission in the State does not really only grant these licenses and there is a fair amount of scrutiny and we have again be able to stabilize, so essentially we look forward to occupancy here in Plainfield, we have a couple stores in Brownsburg, Camby, and not a store in this immediate vicinity. So at this juncture Kevin or I would be very pleased to answer any questions you have. I guess one other thing for the record, is that we do as part of a special exception need to establish statutory findings and I believe your packet has the three findings that we submitted, which we would like it to request it be incorporated by reference, but essentially we do not think that this proposed special exception will be injurious to the public health, safety, morals, or general welfare because the liquor store is a permitted use in the zoning district and again would be owned by a proprietor with substantial operating experience, as number 2 finding; meaning we will not enter adjacent property, again we have a strong record of compliance with State and local operations and number 3; a liquor store is a permitted use in the general commercial zoning district, so the ordinance requires a special exception for liquor store, but it is not a variance of use, it is a permitted use. So with all of that, again I would be happy to answer any questions. Mr. Monnett: What are the proposed hours? Mr. Paschke: My name is Kevin Paschke; my address is 2527 W. 159 th Street, Westfield, In 46074. Our proposed hours are 9:00 till 11:00 from Monday through Thursday, we might adjust it from 9:00 till midnight on Friday and Saturday, it all depends on business, but probably early on right now 9 till 11 and then weekends we usually hit one hour more, and we are not open on Sunday, and very happy not to be open on Sunday. Mr. Brouillard: Legally what time are you able to open until? Mr. Paschke: We could open legally from 7:00 in the morning until 3:00 the next following morning. I might be a little off; it might even be earlier, like from 6:00 to 3:00. Most of your bars legally have to be closed by then and that same statute will apply to us. Mr. Monnett: Will you be selling lottery tickets there also there at the store? Mr. Paschke: More than likely, yes sir. Mr. Cavanaugh: I just have one quick question and maybe just kind of a point to make, with the board decides to grant a special exception, I want to make sure that you are aware that this will be a special exception for United Package Liquor only, and if that business change hands at anytime, the new operator will need to come in and get a new exception as well. Mr. Paschke: Yes sir, we are coming in here with the idea of staying here. Mr. Monnett: If there is anyone in the audience that would like to speak for or against this petition please come forward at this time. If not I will close it to the public portion and open it up to our board for approval or further discussions. Plainfield Board of Zoning Appeals 4-16-2012 2

Mr. Brouillard: The pizza place that is on the corner, do they serve alcohol? Mr. Monnett: Yes, and I think the UPS Store is in between. Mr. Cavanaugh: I don t have any further questions, if there is no other discussion, I would move that the Board of Zoning Appeals approve BZA-12-005 as filed by United Package Liquors, Inc requesting a special exception to allow the serving of alcohol at United Package Liquors at 2230 Stafford Road, Suite 127, subject to the following condition; 1. Approval is only for United Package Liquors and is non transferable to a subsequent business owner operator at the same location. Ms. Duffer: Second. Mr. Monnett: I have a motion and a second, Mr. Carlucci would you please poll the board. Mr. Carlucci: Motion was made by Mr. Cavanaugh, seconded by Ms. Duffer. Mr. Brouillard- yes Ms. Duffer- yes Mr. Cavanaugh- yes Mr. Gibbs- yes Mr. Monnett- yes Five ayes, none opposed, the motion is approved. Mr. Monnett: Our next petition tonight is BZA-12-006. Ms. Sprague: This one is for the new Speedway, you may have noticed the Speedway is halfway torn down, and they are on their way to building it back up. They are asking for some sign variances, but before we get there, the property is on the corner of East Hadley Road and 267, it is zoned general commercial surrounded by general commercial, and the comprehensive plan recommends the interstate commercial note there. The site does have two legal non conforming signs on the property, they propose to leave there, so if they tear them down they would not be allowed to put them back up in the same way, but the request doesn t involve those, it is actually about putting excess signage on the short ends of the canopy, they want to spelled out Speedway there instead of the logo and then the other request is to put a changeable copy sign on the building, this changeable copy sign would not be part of an identification sign which is normally required, and since the two existing signs are already there, it would end up being the second changeable copy sign, which is normally limited to one per site. I will show you a picture of those signs in a moment. The similar requests were approved for the new store out on East Main Street, but DRC does not recommend approving these sign variances, I don t think they did the last time either, so I think the board approved it in spite of that recommendation. This is the site plan, to show you where the existing signs are, this is the pole sign, it faces State Road 267, then there is a pylon sign that is facing east Perry Road, these are the photos of the signs. This is what a changeable copy sign would normally be allowed to be, 40% of identification sign, an identification sign in this case identifying Speedway. The variances themselves, here is the changeable copy without any Speedway indication on it, it actually does not exceed the allowed 40% that it could be if it were part of an identification sign. It would be a really large sign but it would be permitted. Then one of the Speedways on the Quaker Blvd elevations spelled out and then on the other side the same thing. One of the things that were mentioned in minutes from the BZA 06-028 or something like that was that the wall signage on the long ends of the canopy was really much smaller than what would have been permitted, so it was allowed kind of as a swap between the two. The changeable copy sign on the building, it is requesting two variances in this case and since the site already has the pylon sign changeable copy, does the board really feel that this is something that would be a good request to grant, and then the Speedway signs take up 23.2% of the short sides, as opposed to the allowed 10%, and then the DRC strongly recommended against approving these, particularly in light of the fact that the site already has two legal non conforming signs. So I know the petitioner is here if you have any questions, or I can answer any questions you might have. Mr. Gibbs: Jill before you walk away, did I understand you right, the changeable copy sign on the building that would be allowed if there Plainfield Board of Zoning Appeals 4-16-2012 3

name was on that? Ms. Sprague: It could be, yes, the size of it, if it was not the second changeable copy sign and also if it had Speedway on there, the Speedway would need to be 60% of the overall sign, and that would 40%. Ten percent of the full façade is allowed to be signage and then 40% of that 10% can be changeable copy, and so that is 40% of the 10% allowed, it is a little hard to describe in words. Mr. Monnett: Is the petitioner here? Mr. Campbell: Good evening, my name is Adam Campbell; my address is 500 Speedway Drive, Enon, Ohio, 45323. I am here tonight on behalf of the sign variances we are requesting, the building reader board sign that is in question tonight is a valuable piece of advertising for us. We struggle often times with trying to get folks into our store to buy merchandise and things of this nature, the Speedy Rewards program that we installed has done a good job of getting those folks in. We mainly use this particular sign for advertising our monthly rewards going on to entice the customer to come inside the store to purchase that item to gain extra bonus points and so forth. We feel that we were granted a variance with our store there on Main Street and we have also noticed that there is other changeable copy signs located in the Town as well, so we don t really feel like we would be setting a precedent here if we were granted our variance for this reader board tonight. As far as the Speedway channel letters being located on the short side of the canopy, generally speaking our standard is to do that, we feel that we get more exposure with the channel letters in that location with folks traveling along 267 and then it would be Hadley Road, it would give us better exposure to the customer and draw their eye toward our business. Some other comments and thoughts from our prospective that we would hope you would consider. Is there any other questions? Mr. Brouillard: I guess my question, Jill, if the Speedway sign was on the long end; would that be less than 10%? It wouldn t. So Adam, have you thought about changing or swapping those letters around so that the longer side? Mr. Campbell: We have had some discussion on that, and we would prefer not to do that of course, but we would probably consider going to the long side. There is one other comment I would like to make if I could please. Our new signage package does include three less signs than were previously on the existing building that we are currently demoing, the previous building had Speedway sign on the back of the building, one on the side and two on the front. So I just wanted to make mention that this is less signage as far as on the building. We do have photos if we need to see those. Mr. Monnett: If there is anyone in the audience that would like to speak for or against this petition, please come forward now. Seeing none, we will close it to the public and open it up to our board for discussion or a possible motion. Ms. Duffer: I remember the discussion about the other Speedway and I remember why we changed from the long to the short side which made sense that time. I don t remember the discussion about the changeable copy signs. Did we do a variance for both? Ms. Sprague: The changeable copy sign is on the building, and it is not part of an identification sign, I don t believe it ended up being a second changeable copy sign however. They had proposed one on the pylon sign, and I should have gone out there and looked, but I forgot too. I don t think it got approved that way, so I think there may just be one changeable copy sign but that it is not part of an identification sign, but that it is not part of identification sign. Mr. Carlucci: Jill, could you go over what the DRC said about the signage. Ms. Sprague: The DRC does not recommend the approval of the variance, I don t believe they recommended it the first time around either for the East Main Street one, just because they didn t want to set precedence for other business locations, not necessarily Speedway locations, in particular for the changeable copy signs they actually made the comment that they d like to see us change the ordinance so that they are just not allowed on buildings at all. They might be Plainfield Board of Zoning Appeals 4-16-2012 4

allowed as free standing sign which they are already, but not on the building. Mr. Gibbs: Would you also review with us the two non conforming signs? Ms. Sprague: So the pole sign, this one is facing 267, and then the pylon sign is faces Ease Perry Road, I guess you are wondering what is non conforming. Mr. Gibbs: Both of those would still remain? Ms. Sprague: They are, if they tear them down then they then they can t put them back up that way. They can change the face as long as they don t change the structure at all. Mr. Carlucci: What does that mean, you can expand the face? Ms. Sprague: No, they could make it smaller, but they cannot expand it. If that had been regular changeable copy where they would just have to put the letters up manually they could to electronic as long as it was the same size. Or this is probably a panel, if the Speedway changed its logo so that it wasn t italicized or something and they can just put up a new panel, they can change that kind of thing. Mr. Brouillard: Jill what makes it non conforming? Ms. Sprague: In this case both of these signs they are an outlaw, so any free standing signs would now be required to be a ground sign, which are limited in height to 6, the pylon sign is probably about 20 and the pole sign, I don t even know, but normally those are limited to 35 these days. Mr. Brouillard: How were they granted the first one? Ms. Sprague: I m not even sure, this might have been, and could it have been built in the County? Mr. Daniel: That was when this was in the County, before it was in Town. Ms. Sprague: Even if it hadn t been, it could have been just before our current ordinance. Mr. Carlucci: They are not necessarily outlawed, they are just not permitted. Mr. Cavanaugh: I think the petitioner has other options for all the signs in questions that comply with the ordinance and I don t see the hardship in their desire to have signage a certain way and it is based on financing, I certainly hope that they have a successful rebuild and a continued successful business there, but I do not see a hardship. Mr. Monnett: I don t either. I will entertain a motion. Mr. Gibbs: With that I will make a motion that I move that the Board of Zoning Appeals deny BZA-12-006. Mr. Cavanaugh: Second. Mr. Monnett: A motion and a second, Mr. Carlucci would you please poll the board? Mr. Carlucci: Motion was made by Mr. Gibbs, seconded by Mr. Cavanaugh. Mr. Brouillard- yes Ms. Duffer- yes Mr. Cavanaugh- yes Mr. Gibbs- yes Mr. Monnett- yes Five ayes, none opposed, motion is approved. Our nest petition tonight is BZA-12-007. Mr. James: Good evening. This is a variance to allow a gravel parking lot on a vacant lot just south of the Cambia s Suites off of Gateway Drive, a parking lot is a permitted use in the general commercial district, if this were a permanent parking lot it would have to go to Plainfield Board of Zoning Appeals 4-16-2012 5

the development plan, that will have to comply with the gateway corridors standards because this is within 600 of both the gateway corridor which 267 and also a residential district to the west. The proposed use is long-term parking for guests of the Cambia s Suites and the Super 8 Hotel across the street. The petitioner would like to do this on a temporary basis for about three years unless there is a development interest in this vacant lot. Here is the site, I think it is about 3 ½ acres, here is the Cambia s Suites, Gateway Drive, 267, as you can see it is zoned general commercial, to the south you ve got the former Caterpillar building and industrial PUD and then you ve got the residential subdivision to the west zoned R-2. Here is the secondary plat, when Cambia s Suites was built, this was one lot, they came in later and created two lots, so this would be on this lot 8-B, here is a site plan the petitioner drew up, they would only take about half of the lot would be used for the parking and each is shown how the parking lot would be layout might be, of course as a gravel parking lot, he wouldn t be able to stripe it. He would not need a curb cut from Gateway Drive, there is an existing curb cut from the Cambia s Suites. But since this was a subdivided, this becomes a primary use on the lot. Here is a view, this is 267, there is a vacant lot between the Super 8 and this motel and then this is the vacant lot back here, here is Cambia s Suites. The site, is it within the interstate commercial node where all developments have to comply with the gateway corridor development standards? Does this set an unwanted precedence as a temporary use for this area, even as a proposed temporary use? Is this a decision that should be made by the Plan Commission as new development as a primary use along the gateway corridor? And then what conditions are needed to regulate this use? If granted should there be an annual review until the use ends after three years? With that I will have a seat, the petitioner Venkata Nattam is here if you have any questions for him. Ms. Duffer: Joe I have a question, who owns this land right now? Mr. James: Mr. Nattam does. Ms. Duffer: Ok, thank you. Mr. Gibbs: Joe, before you sit down, question, when we reviewed the Cambia s Suites and the Super 8 Motels going in, did the number of parking spots meet our ordinance? Mr. James: Cambia s Suites did, I don t know about the Super 8, that was before my time when it was developed and I don t know if it is legal non conforming as far as number of parking spaces or if they complies, I m not sure. Mr. Monnett: Petition would you come forward. Where you here for the Oath of Testimony sir? Mr. Nattam: Yes. Mr. James: (inaudible) Mr. Daniel conducted oath of testimony. Mr. Monnett: Please state your name and address please for the record. Mr. Nattam: My address is 714 Penny Lane, Plainfield, Indiana 46168. This parking lot, since the airport moved this way, I allow people to park their car, they go ten days, so the long term parking is making our regular parking lot full, our guests come to stay for ten days, it won t be every time. Ms. Duffer: That was going to be my question, you offer to your customers if they stay with you then you shuttle them back and forth to the airport and they are allowed to park their car for free? Mr. Nattam: They have to stay one night. Ms. Duffer: My other question to you is, you thought about putting in a small shed in the parking lot for an attendant. Mr. Nattam: I don t know that I will do that, but if they allow to do that, but otherwise I don t need to do that. Plainfield Board of Zoning Appeals 4-16-2012 6

Ms. Duffer: That was my question, because if you have a parking lot attendant it would assume that you are going to use it for an overnight parking type thing that you would pay for, but that is not your intent? Mr. Nattam: No. Ms. Duffer: My other question to you, it talks about lighting the lot, is there sufficient light there for security there if someone is leaving their car there? Mr. Nattam: Yes, Cambia s lighting, but if I need it I will try to put something in. Ms. Duffer: My last question for you, this is for a 3 year variance, do you have plans to put something on that property after that? Mr. Nattam: We don t want to put more hotels in there, there are too many hotels right now, so we don t know what we get till this economy to go up. Ms. Duffer: But you are not actively selling the land for some other purpose? Mr. Nattam: No, if I sell, I have to sell the hotel, and there is going to be more competition for me. Mr. Carlucci: I have a question the two hotels, you have two hotels correct? Mr. Nattam: Yes. Mr. Carlucci: Unless our numbers were wrong when we approved them, you should have enough space on your site for the people who are at your hotels. Mr. Nattam: Yes, but they park and go, they don t come back for ten days. Mr. Monnett: Do they rent a room? Mr. Nattam: Yes. Mr. Monnett: They rent a room for 10 days? Mr. Nattam: One night. Mr. Monnett: Ok, if I have a hotel and I rent the hotel for one night, but the car stays 10 days they will tow the car. Mr. Nattam: That is called park and fly. This is only for the airport the hotels will allow, it is called park and fly, we charge a little extra charge. Mr. Carlucci: So whether they stay at the hotels, as long as they are there and pay for one night, you d still have to reserve the room I guess. Mr. Nattam: But that guy stays one night while he going, next customer comes in, but this car won t move ten days. Mr. Carlucci: I think by the way you are doing this, you are creating the need for a variance. Mr. Monnett: Yes. Mr. Brouillard: So who would use this service? Is this somebody that would live far away that would want to get closer to the airport, stay a night, leave their car, and come back in ten days or whatever? Mr. Nattam: Yes, it makes more business for the hotel. Mr. Carlucci: I m still a little confused, if I let someone park their car there for ten days, what are they using for transportation? Mr. Nattam: I pick up, I drop off, and we have shuttle service. Mr. Brouillard: I m guessing if you live far away you can be closer to Plainfield Board of Zoning Appeals 4-16-2012 7

the airport and leave your car there. Mr. Daniel: They are just conducting a park and fly business there. Mr. James: (inaudible) Ms. Duffer: Tractor trailers for airport or just tractor trailers for guests? Mr. Nattam: For guests, right now I am ok because occupancy is really low, so they can park long time there, but when the occupancy goes up, last time I think somebody parked on the street, we don t have parking. Ms. Duffer: I think that is where I heard then you have incidents where the local police are involved because then you have parking in a no parking zones or whatever and then you have more prone accidents in that space. Mr. James: (inaudible) Mr. Carlucci: So if somebody would be in the tractor trailer, you would lend them a space, they would stay maybe, I don t know, then the situation is, would they leave their tractor trailer running? Mr. Nattam: No tractor trailer not running, we won t allow that. Mr. Carlucci: But somebody could go in there, stay in his tractor trailer because you leased him a space right? Mr. Nattam: Not in this one, we don t allow that. Just only for long term parking people. Mr. Monnett: Thank you. Is there anyone in the audience that would like to speak for or against this petition please come forward. If not I will close it to the public and open it up to our board for discussion, possible motion. Ms. Duffer: I have a question for Joe. You mentioned, this is a different use for this piece of land, is this something that really needs a variance from us, or is this something that DRC needs to look at and say this is going to be a parking lot. Mr. James: Yes, it is a temporary use, I m not sure that it has to go to the Plan Commission for a development plan approval. The variance he is getting is so that it is gravel and not asphalt, it is not a variance of use, and it is a development from the development standards. Mr. Brouillard: So if this was asphalt, we wouldn t even be discussing? Mr. James: That is correct, as long as he complied with the gateway corridor development standards. If it was asphalt, and a permanent parking lot, then it wouldn t be here, it would go to the Plan Commission. Mr. Daniel: Then you would comply with lighting and landscaping and everything. Mr. James: That is right. Mr. Gibbs: My comment is, I m not in favor of this, and I don t see the hardship I guess. So with that I make a motion that the Board of Zoning Appeals deny BZA-12-007. Mr. Cavanaugh: Second. Mr. Monnett: I have a motion and a second, Mr. Carlucci would you please poll the board. Mr. Carlucci: The motion was made by Mr. Gibbs, seconded by Mr. Cavanaugh. Mr. Brouillard- yes Ms. Duffer- yes Mr. Cavanaugh- yes Mr. Gibbs- yes Mr. Monnett- yes Plainfield Board of Zoning Appeals 4-16-2012 8

Five ayes, none opposed, the motion is approved. Mr. Monnett: The next petition is BZA-12-008. Mr. James: The petitioner is Rebecca and Robert Bridge, this is a variance to extend the Time allowed for a seasonal retail sales use for a snow cone hut. The Town Council did hear this and they did agree that this was an acceptable use as a temporary season retail sales use, temporary retail sales is only allowed for 60 days, and Ms. Bridge would like to do this for about 150 days from probably Memorial Day until the end of October if business is still good. The proposed site is the Plainfield Plaza parking lot, which would be allowed as an accessory use in a general commercial district. The shopping center has more than enough parking spaces and space to accommodate this. He would put it by a parking lot light pole that has an electrical outlet to provide electrical service to the snow cone hut and then it would provide the three required parking spaces that are required for a seasonal retail sales use. The unit is a self contained, so there would be no discharge on site, they wouldn t need a water connection, and then what conditions if any are needed to regulate this use? Here is the Plainfield Plaza, this is approximate area they would locate, and it is zoned general commercial. Here is a better aerial of the plaza, here is the sign, it would be approximately in this area, this is where they put the outdoor display for the garden items in the summer time and it would be back where it would not be in the front yard setback and it would not interfere with the interior access drive. Here is a rendering of what the hut would look like. It is all self contained, they got basins that would catch the water and it is mobile, they could truck it in and he could move it whenever he needed too. So Bob and Rebecca are here if you have any questions for them. Mr. Bridge: Good evening, my name is Bob Bridge, my address is 5148 East County Road 700 S. Mooresville, Indiana, 46158. Joe kind of summed up everything from our prospective on this, one part of clarification I feel I need to make is I am having issues with the State Board of Health, and the County Board of Health. They are requiring a permanent sewer hookup if you are going to be in a location for more than 30 days. So I have requested a variance with them that will allow me to operate this business the exact same way that the Tropical Sno is in Mooresville, Indiana. What they have there is a 200 or a 300 gallon storage tank that sits on the backside of the building, so instead of the drains from the sink going into those tanks there, I will cut a hole in the back side of the building and it will drain into that 200 or 300 gallon tank and then have a vacuum truck come and pump that out and fills when necessary. What would be in there would be water, soap from hand washing, potentially a little bit of syrup from a sno cone and that would be it. Ms. Duffer: There is not a restroom facility in there? Mr. Bridge: No, the restroom facilities we would be using are in the Plainfield Plaza, we have permission from Mitch to use his facilities in Ace Hardware. Ms. Duffer: My other question for you is then because this is a portable unit, but you plan on having it permanently there for that full 150 days? Mr. Bridge: That is correct. The wheels are removable, so it will be in the lot as it is viewed in the larger picture, the wheels will not be on it, they have come off and it will look like a free standing structure there. Mr. Gibbs: How long have you operated the other one? Mr. Bridge: I do not own the one in Mooresville, I ve just been doing some research on how to work through this process. Mr. Monnett: How many flavors are you going to have? Mr. Bridge: You can have up to 40, I think we are going to start at 24 or 30. What is your favorite, I will make sure I order it. Mr. Monnett: Two people in there? Mr. Bridge: Yes, it is a 10X7 it has the electrical hookup it will Plainfield Board of Zoning Appeals 4-16-2012 9

plug in and it has an air conditioner and everything in there, so my family will be comfortable in the hot days of summer. Ms. Duffer: Your anticipated hours of operation? Mr. Bridge: We anticipate opening at around noon and closing at about 10:00 PM. On Sundays we would open at 2 and close at 10:00 PM. Mr. Brouillard: It sounds like the reason you are here today is to ask us to open up the temporary seasonal days. Can you explain a little bit about that? Mr. Bridge: Well as we looked into it the way I understand that the ordinance is I can have it in the for 60 days on that parcel, and then I would have to move it. Moving it is going to complicate my customers knowing where I am at. If they don t know where I am at, they are not going to come and see me. Mr. Brouillard: The reasons you think you need 150 days? Mr. Bridge: Our preferred opening would be from around Memorial Day until the end of October, weather permitting, so that is around 150 days. If it gets cold early, we will close up shop and take it home. So that is why I am asking, in a perfect world that is how long we will be there, but I haven t ordered the structure yet until I get everything worked out with the Board of Health, I haven t invested in the building and it takes about 30 days to get it, so if they were to give me a green light today it would be this time the middle of May before I could open so that is why I am saying Memorial Day. I know that they are not going to move that quickly. Mr. Brouillard: But you are saying without that ordinance it states here it is going to be a death sentence for the business. Mr. Bridge: That is correct. Mr. Brouillard: So you think you need that full Mr. Bridge: That is correct. Mr. Gibbs: Kind of discrepancy from what was provided to us on the location. It looks like you are going to take those six parking spaces. Mr. Bridge: Right. Mr. Gibbs: Here is where my question is, the location of this building, it is not going to be located once you take the wheels off of it that somebody can drive up to a window? Mr. Bridge: No. My expectation is I would be towards the back of that square, because I want to have access where my customers are not walking out into the internal access road, so I am going to have it back enough, because they will be ordering from the front of the building right, so I need to have it back towards the back part of that yellow square to have access to the customer window. Mr. James: (inaudible) Mr. Cavanaugh: Mr. Bridge, did you operate any other similar facilities? Mr. Bridge: This will be our first one. Mr. Monnett: You are going to have a temporary sign correct? Mr. Bridge: No, not really, I mean we will have a poster board that is going to sit on the ground outside that is going to have the flavors that are available, but that would be put away at the end of the evening. Mr. Monnett: I m sure you read that the ordinance requires periodic inspections by the director. Mr. Bridge: I m not familiar with that. Mr. James: I will go into a little history, we had a plant guy a Plainfield Board of Zoning Appeals 4-16-2012 10

couple of years ago that was operating a seasonal retail use and was just doing everything wrong, it was a headache for me as far as enforcements, so we amended the ordinance to reduce this 90 days to 60 days for temporary retail seasonal sales, and also put in that the code that the Director has the right to inspect it every 2 weeks and if he is not in full compliance with the ordinance that I have the right to shut it down. Mr. Carlucci: And if Joe is busy I will be glad to inspect on a regular basis. Mr. Bridge: Inspections only cost $2.00. Mr. Monnett: I will close it to the public and open it up to our board for discussion or a motion for approval. Mr. Gibbs: The only question I have is on this motion, it says beyond 160 days, should it say beyond 160 days to 150 days. Mr. James: I agree. Ms. Duffer: I would also add that if we are going to approve this motion to additional, 1. Conditional on the State Board of Health and County Board of Health approvals, and then I would also (inaudible). Mr. Brouillard: Has anyone ever asked for an extension like this before and is there any precedence? Mr. James: I think this is the first since we changed it to 60 days. Ms. Duffer: I am prepared to make a motion, I move that the Board of Zoning Appeals approve BZA-12-008 as filed by Robert and Rebecca Bridge requesting a variance to extend the time allowed for a temporary seasonal retail sales use beyond the 60 day time limit to 150 days for a snow cone hut, subject to the following conditions; 1. Substantial complaisance with the site plan and structure plans submitted file date March 27, 2012. 2. The Temporary seasonal retail sales use for the snow cone hut shall end after October 31, 2012; 3. Contingent on the State and County Board of Health s approval, and 4. Approval is only for Rebecca and Robert Bridge and is not transferable to a subsequent business owner operator at the same location. Mr. Gibbs: Second. Mr. Monnett: I have a motion and a second, Mr. Carlucci would you please poll the board. Mr. Carlucci: The motion was made by Ms. Duffer, seconded by Mr. Gibbs, Mr. Brouillard- yes Ms. Duffer- yes Mr. Cavanaugh- no Mr. Gibbs- yes Mr. Monnett- yes Four ayes, one opposed, motion is approved. OLD BUSINESS/NEW BUSINESS Mr. Monnett: Old business, new business Mr. James? Mr. James: No that is all that we have for tonight. ADJOURNMENT Mr. Monnett: Motion for adjournment. Ms. Duffer: So moved. Mr. Mr. Monnett: The motion is seconded. Plainfield Board of Zoning Appeals 4-16-2012 11